Wrongful Death Filing Deadlines in South Carolina
If your loved one died due to another’s negligence or misconduct, you may file a wrongful death claim. The state imposes a two-year time limit for filing a wrongful death claim against governmental defendants and a three-year time limit for private parties. This statute of limitations may be paused if the defendant’s liability was not immediately apparent, allowing more time to file suit. In South Carolina, a wrongful death claim must be filed by the personal representative of the deceased’s estate or by another person appointed by the court.
Losing a loved one can be heartbreaking, leaving you unsure of how to pick up the pieces. Our wrongful death attorneys are committed to helping family members recover for their loss. If you are interested in learning the best legal course to represent your interests, do not hesitate to contact Mark C. Tanenbaum today.
What Qualifies as Wrongful Death in Charleston, SC?
South Carolina Code of Laws defines wrongful death as the death of a person caused by “the wrongful act, neglect, or default of another.” The act may be due to negligence or misconduct. A personal representative is permitted to file a wrongful death claim if the deceased would have been entitled to recoup damages in a personal injury suit (had they survived). Common wrongful death claims our firm handles include medical malpractice, motor vehicle accidents, construction accidents, and product liability.
Establishing Fault in a Charleston Wrongful Death Claim
A wrongful death claim may be filed against a person who causes another’s death due to their negligence or intentional conduct. A successful wrongful death claim is based on proving the following:
- The defendant owed the deceased a duty of care. A duty of care is a certain level of care that is expected of the defendant, based on each specific situation. In a medical malpractice case, the doctor-patient relationship automatically creates a duty of care.
- Through either an act or omission, the defendant breaches their duty of care. In a medical malpractice suit, this may occur if the treating provider fails to diagnose a condition, prescribes the wrong medication, or makes a surgical error.
- As a result of the defendant’s breach of duty, the decedent suffered fatal injuries.
- The plaintiff suffered damages (or losses). Damages in a wrongful death claim may include hospital bills, lost wages, loss of financial support, pain and suffering, and funeral expenses.
Establishing the wrongful party’s liability requires solid evidence, which can be hard to interpret if you are not experienced in the specific field. Thankfully, our wrongful death lawyers work with a team of professionals who can assist us in gathering and interpreting the technical information before us. At Mark C. Tanenbaum, we have a range of resources at our fingertips to provide a strong foundation for each wrongful death claim.
Time Limit to File a Wrongful Death Claim in SC
SC Code §15-3-530 permits three years to file a wrongful death claim against non-governmental defendants. However, claims against local, state, or federal government defendants are only permitted for two years under the law. While this applies in most cases, some exceptions may toll the statute of limitations. Tolling the statute of limitations means that the legal “clock” will not start until the injury causing the victim’s death was discovered or should have been discovered.
For example, in a medical malpractice case, you may only discover that a physician left behind a foreign object following the deceased’s surgery weeks after the fact. In this situation, the three-year limitation period begins when the claim is discovered. However, you will be barred from recovery if it has been more than six years from the date of the malpractice, no matter when the physician’s error was discovered.
Speak with Our Charleston Wrongful Death Lawyers Today
Experiencing the death of someone you hold dear may be the most intense grief a person can experience. At Mark C. Tanenbaum, we believe that families should recover maximum damages for their emotional and financial hardship. If you have recently lost a loved one due to another’s carelessness, misconduct, or wrongful act, our Charleston wrongful death attorneys are ready to speak with you. To schedule your free consultation, contact us online or call (843) 577-5100.